09-03Council File # � -��
Green Sheet #
RESOLUTION
OF
Presented by
PAUL, MINNESOTA
�
1 WIIEREAS, adverse action was uutiated against the Cigarette/Tobacco license held by D P
2 McCue, Inc., d/b/a Plum's Neighborhood Bar & Grill (License ID#0065734) for the premises located at
3 480 Snelling Avenue South in Saint Paul by Notice of Violation dated November 19 2008, alleging on
4 October 17, 2008, the licensee sold cigarettes to an underage person in violation of Minn. Stat. §609.685
5 and Saint Paul Legislative Code §324.07; and
WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegation or pay
the $200.00 matrix penalty; and
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WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation or pay
the $200.00 matrix penalty by December 1, 2008, that the matter would be placed on the consent agenda to
impose the recommended penalty; now, therefore, be it
RESOLVED, that D P McCue, Inc., d/b/a Plum's Neighborhood Bar & Grill is hereby ordered to
pay a matrix penalty of $200.00 for sale of cigarettes to an underage person in violation of Minn. Stat.
§609.685 and Saint Paul Legislative Code §324.07. Payment of such penalty shall be made within thirty
days of the date of the adoption of this resolurion.
YeasT_� Absent �I Requested by Deparhnent of.
� ��
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By: �
Stark
Adopted by Council: Date
Adoption Certified by C cmcil Secretary
B — i
Approved a o : Dat � -
By:
Form A oved by Ci=ttorney
By: �u ..6..SZ 1 ��,...�
Form Ap oved by or f r S mi 'on to ouncil
By: �`'
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
lepartmenNOffice/Councii: Datelnitiated: /± �+ i �
S � _Dept.ofSafety&Inspections ��DEG08 I Vreen Jhee1. N� 3065178
Contact Person 8 Phone: � �'
Rachel Tiemey �, y 1 0
266-8710 i � i
Assign � 2
Must Be on Council Agentla by (D te): I Number i
07-JAN-09 ��`.� r,C � M�� I Por � 3
Routing 4
Doc. Type: RESOLUTION � Order g
E-Document Required: Y
DocumentConWct:.lulieKraus I
Contact Phone: 266-8776 I I
Total # of Signature Pages _(Clip All Locations for Signature)
Resolution approving adverse acrion against the Cigazette/Tobacco license held by D P McCue, Inc., d/b/a Plum's Neighborhood Baz
& Grill (License ID#0065734) for the premised located at 480 Snelling Avenue South in Sain[ Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB CommiHee
_ _ Civil Service Commission
Personal Service Contracls Must Answer the Foliowing questions:
1. Has this person�rm ever worked under a contract for this depactment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On October 17, 2008, the licensee sold cigazettes to an underage person in violation of Minn. Stat. Section 609.685 and Saint Paul
Legislative Code Section 324.07. After notification, licensee did not respond to the Notice of Violation.
AdvantageslfApproved:
$200.00 mah penalty.
DisadvanWges IfApproved:
Disadvantages If Not Approved:
Total Amount of
Transaclian:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
December 15, 2008 4:53 PM Page 1
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OFFICE OF Tf� CITY ATTORNEY
Johrs J Choi, City Attomey
SA[NT
PAUL CITY OF SAINT PAL7L
� CivilDivision
ChrirtapherB Colemme, Mayor 400C1tyHa11 Telephone� 651 266-8710
ISWestKe[loggBlvd Facsimile:65I298-5619
AAAA Saint P¢ul, illmnesota 55102
November 19, 2008
NOTICE OF VIOLATION
Owner/Manager
Plum's Neighborhood Bar & Grill
480 Snelling Avenue South
St. Paul, MN 55105
RE: Cigazette/Tobacco license held by D P McCue, Inc., d/b/a Plum's Neighborhood Baz &
Grill for the premises located at 480 Snelling Avenue South in St. Paul
License ID #0065734
Deaz Sir/Madam:
The Department of Safety and Inspections (DSI) has recommended adverse action
against the Cigazette/Tobacco license held by D P McCue, Inc., d/b/a Plum's Neighborhood Bar
& Grili for the premises located at 480 Snelling Avenue South in St. Paul. The basis for the
recommendation is as follows:
On October 17, 2008, a tobacco compliance check was conducted at
Plum's Neighborhood Bar & Grill located at 480 Snelling Avenue South.
A fifteen year old male entered the store and asked to buy cigarettes. He
was not asked to show his identification, which would have indicated he
was underage. Nevertheless, the clerk sold him a package of Marlboro
cigarettes. Sale of tobacco to an underage person is a violation of Minn.
Stat. §609.685 and Saint Paul Legislative Code §324.07.
This is the first violation for the sale of cigazettes to an underage person; therefore, the
licensing office will recommend a$200.00 matrix penalty.
At this time you have three options on how to proceed:
You can pay the recommended $200.00 matrix penalty. If this is your choice, you should
make payment directly to the Department of Safery and Inspections, at 375 Jackson
Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, December 1,
2008. Information should be directed to the attention of Christine Rozek. A self-
addressed envelope is enclosed for your convenience. Payment of the penalty will be
considered to be a waiver of the hearing to which you are entitled.
AA-ADA-EEO Employer
V I�V�
Plum's Neighborhood Bar & Grill
November 19, 2008
Page 2
2. If you wish to admit the facts but contest the penalty, you may have a public hearing
before the Saint Paul City Council, you will need to send me a letter with a statement
admitting the facts and requesting a pubiic hearing. We will need to receive your letter by
Monday, December 1, 2008. The matter will then be scheduled before the City Council
for a public hearing to determine whether to impose the $200.00 matrix penalty. You
will have an opportunity to appeaz before the Council and make a statement on your own
behalf.
3. If you dispute the above facts, you can request a hearing before an Administrative Law
Judge. At that heazing both you and the City will be able to appeaz and present
wimesses, evidence and cross-examine the other's witnesses. The St. Paul City Council
will ultimately decide the case. If this is your choice, please let me know by Monday,
December 1, 2008, and I will take the necessary steps to schedule the administrative
hearing.
If I have not heard from you by that date, I will assume that you do not contest the
imposition of the $200.00 matrix penalty. In that case, the matter will be placed on the
Council's Consent Agenda for approval of the recommended penalty.
Please be advised that the clerk who was identified as having made the sale on this date is
also being charged a$50.00 administrative penalty pursuant to Minn. Stat. §461.12, subd. 3.
This is a sepazate action from this license matter.
ff you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
���..�.��
Rachel Tierney
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Daniel McQuillan, 512 Montcalm Place, St. Paul, MN 55116-1730
Melissa Martinez-Sones, Exec. Director, Macalester Groveland Community Council
320 South Griggs Street, St. Paul, MN 55105-2800
AA-ADA-EEO Employer
STATE OF MINNESOT,"'
, ss.
COUNTY OF RAMSEY )
o�-a 3
AFFIDAVIT OF SE. . ICE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the 19�' day of November, she
served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
Owner/Manager
Plum's Neighborhood Baz & Cmll
480 Snelling Avenue South
St. Paul, MN 55105
Daniei McQuillan
512 Montcalm Place
St. Paul, MN 55116-1730
Melissa Martinez-Sones, Exec. Director
Macalester Groveland Community Council
320 South Griggs Street
St. Paul, MN 55105-2800
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� 1�.�t..�
Julie Kraus
Subscribed and sworn to before me
this 19�' day of November, 2008
/� ,i��GLLr�
No Public
) RITA M. BOSSARD
g� �� NOTARYPUBLI0.MMP7ESOiA �
�-':;�;�� PdyCONIMfSSION �
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609.685, Miunesota Statutes 2� �� Page 1 of 2
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Ho€�se t 3anafe j,foin2 [lepa€finents and Gammissions ( Bifi Searcfi and Sfatus � Sta�tes, Laws, and Ru[es
Minnesota Statutes Table of Cha tp ers Chapter 609 Table of Confents
609.685, Minnesota Statutes 2006
Copyright O 2006 by the Office of Revisor of Statutes, State of Minnesota.
609.685 SALE OF TOBACCO TO CHII.DREN.
Subdivision 1. Definitions. For the purposes of this section, the following terms shall have
the meanings respectively ascribed to them in this section.
(a) "Tobacco" means cigazettes; cigazs; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and
sweepings of tobacco; and other kinds and forms of tobacco, prepazed in such manner as to be
suitable for chewing or smoking in a pipe or other tobacco-related devices.
(b) "Tobacco related devices" means cigazette papers or pipes for smoking.
Subd. la. Penalty to sell. (a) Whoever sells tobacco to a person under the age of 18 yeazs is
guIlty of a misdemeanor for the first violarion. Whoever violates this subdivision a subsequent time
within five years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an�rmative defense to a chazge under this subdivision if the deferdant proves by a
preponderance of the evidence that the defendant reasonabiy and in good faith relied on proof of
age as described in section 340A.503. subdivision 6.
Subd. 2. Other offenses. (a) Whoever fiunishes tobacco or tobacco-related devices to a
person under the age of 18 yeazs is guilty of a misdemeanor for the first violation. Whoever
violates this paragraph a subsequent time is guilty of a gross misdemeanor.
(b) A person under the age of 18 years who purchases or attempts to pu�hase tobacco or
tobacco-related devices and who uses a driver's license, permit, Mivuesota identification card, or
any type of false identification to misrepresent the person's age, is guilty of a misdemeanor.
Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2, whoever
possesses, smokes, chews, or othezwise ingests, purchases, or attempts to purchase tobacco or
tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor.
Subd. 4. Effect on tocal ordinances. Nothing in subdivisions 1 to 3 shall supersede or
preclude the continuation or adoption of any local ordinance which provides for more stringent
regulation of the subject mafter in subdivisions 1 to 3.
Subd. 5. Exceptions. (a) Notarithstanding subdivision 2, an Indian may furnish tobacco to an
Indian under the age of 18 years if the tobacco is fumished as part of a traditional Indian spirituai
or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of
an Indian tribe as defined 'm section 260.755. subdivision 12.
(b) The penalties in this section do not apply to a person under the age of 18 years who
purchases or attempts to purchase tobacco ar tobacco-related devices while under the direct
supervision of a responsible adult for training, education, reseazch, ar enforcement purposes.
Subd. 6. Seizure of false idenfificafion. A retailer may seize a form of identificarion listed
in section 340A.503, subdivision 6, if the retailer has reasonable gzounds to believe that the
Chapter 324. Tobacco Page 1 of 1
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Sec. 324.07, Sales prohibited,
(a) IVo person shall sell a cigarette outside its original packaging containing health warnings satisfying the
requirements of federal law. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes.
(b) No person shall sell or dispense cigarette paper or cigarette wrappers from a vending machine or a motor
vehicle. No person shalf selt or dispense tobacco from a motor vehicle.
(c) No person shall activate the remote control or provide tokens for a tobacco vending machine or sell
tobacco to anyone under the age of eighteen (18).
(d) Any violation of this cfiapter shall subject the licensee to provisions of section 310 and section 324.10 of
the Saint Paul Legislative Code.
(Code 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; GF. No. 94-341, § 7, 4-13-94; C.F. No. 97-314, § 1,
4-20-97; C.F. No. 06-872, § 1, 10-11-06)
http://www.ci.stpaul.mn.us/code/1c324.htm1 a!� ���nrn
Chapter 324. Tobacco D �� D3 Page 1 of 1
Sec. 324.11. Presumptive penalties.
(a) Purpose. The purpose of this section is to estabiish a standard by which the city council determines the
amount of fines, length of license suspensions and the propriety of revocations. These penalties are
presumed to be appropriate for every case; however, the council may deviate therefrom in an individual case
where the council finds and determines that there exist substantial and compelling reasons which make it
appropriate to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penalty selected was more appropriate.
(b) P�esumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as
follows:
Type of Appearance
violation
ist 2nd 3rd 4th
(1) Sale of tobacco to a minor $200.00 fine $400.00 fine 30-day suspension Revocation
(c) Frnes payable without hearing. Notwithstanding the provisions of section 310.05(I), a licensee who would
be making a first or second appearance before the council may elect to pay the fine to the o�ce of LIEP
without a council hearing, unless the notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount. Payment of the
recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will
be considered an "appearance" for the purpose of determining presumptive penalties for subsequent
violations.
(d) Computation of time.
(1) If a licensee violates this chapter and the violation occurs within twelve (12) calendar months after the
first appearance of the same licensee for a violation under this chapter, the current appearence shall be
treated as a second appearance for the purpose of determining the presumptive penalty.
(2) If a licensee has appeared before the council on two (2) previous occasions for violations of this chapter,
and if said licensee again appears before the council for a violation of this chapter, and if the current violation
occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the
council, then the current appearance shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous occasions, each for violations of this
chapter, and if said licensee again appears before the council for a violation of this chapter, and if the current
violation occurred within twenty-four (24) calendar months of the violation that gave rise to the first
appearance, then the current appearance shall be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
(4) Any appeare�ce not covered by subsections (1), (2) or (3) above shall be treated as a first appearance.
In case of multiple violations in any appearence, the date to be used to measure whether twelve (12),
eighteen (18), or twenty-four (24) months have elapsed shall be the date of the violation last in time at the
first appearence, and the date of the violation first in time at any subsequent appearance.
(Ord. No. 17733, § 3, 5-8-90; C.F. No. 94-341, § 11, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 02-
898, § 1, 11-6-02)
http://www.ci.stpaul.mn.us/code/1c324.htm1 8/17/2007